foxnews.com. and word of the day, bavardage, thank you for joining us tonight. thank you for joining us, the spin stops here. welcome to "the kelly file," i'm megyn kelly live in new york city, tonight. should a big job at the department of justice go to a guy who volunteered to defend a cop killer? a killer who shot that officer five times? tonight, first on "the kelly file," the victim's wife and the police union are angry with the white house. plus, [ bleep ] [ bleep ]. >> caught on tape, a toddler encouraged to do and say vile things. why hasn't anyone been charged? and big developments tonight on the breaking news about governor chris christie. >> well, i actually was the guy

working the cones out there. you really are not serious with that question. >> could it lead to problems in his possible presidential bid? >> and breaking tonight, new fallout from 24 hours of serious white house damage control after former secretary of defense robert gates makes allegations against the commander-in-chief. last night at this time we were detailing the new charges in former defense secretary gate's soon to be released memoir. the allegations are he influenced decisions over war and the lives of our military men and women. that he was basing his decisions, affecting the lives of our men and women in uniform, on his own political calculations. those decisions included the deployment of an additional 30,000 u.s. troops to fight the war in afghanistan, the so-called troop surge in

afghanistan. here is president obama in december 2009, speaking before the cadettes of west point military academy announcing the afghanistan war surge. >> i want to speak to you tonight about the effort in afghanistan. the nature of our commitment there, the scope of our interests and the strategy that my administration will pursue to bring this war to a successful conclusion. as commander-in-chief i have determined that it is in our vital national interest to send an additional 30,000 troops to afghanistan. >> in our own vital interests, but according to his own defense secretary at the time, bob gates who carried on a month-long interview with this war, quote, president obama was skeptical if not outright convinced that his own strategy in afghanistan would fail. the former secretary going on to write, president obama does not trust his commander, doesn't consider this war to be his, for him, it is all about getting

out. mr. gates suggests he sent the troops into harm's way as a political calculation. joining me now, former supreme allied commander, wesley clark, general, good to see you. and to me, that is the potentially most damning piece that is revealed by defense secretary bob gates, you can say, of course, president obama political considerations would factor in. had he is a thoughtful man, but that statement that president obama was skeptical, if not out right convinced, that his mission in afghanistan would fail and yet he sent 30,000 men and women over there to execute that strategy that he perceived as doomed, according to our former defense secretary, is really striking. your thoughts on it. >> well, first of all, president obama came into office and as you played the clip of the speech at west point, he did say that the idea is to get out of afghanistan.

>> we knew that. >> he brought us out of iraq and he will get us out of afghanistan. >> we knew that, and a surge would help us do that. and ultimately, the surge was successful. but what he is alleging is he didn't believe in the men and women executing this successfully. he was convinced his own strategy would fail yet he sent them out there anyway. >> well, i don't quite believe it says that, it doesn't say he doesn't believe in the men and women, maybe he had doubts about strategy, but because that was the best of a lot of bad choices. and that is the problem that you're in, when you get to the white house level, if things would be agreed by everybody they would be decided long before it got to you. this is a case where you send men and women into combat and some are going to die. for anybody that is the president of the united states, it is not a football game, it is a really tough call. you will do a lot of guessing

yourself. >> and you're a four-star general, we greatly respect your service to the nation. and you ran for president. you have an idea of what it takes to be the commander in chief. if you believed a strategy -- if you were convinced a strategy was meant to fail, would you send our men and women in uniform out there to execute it in. >> well, first of all, we don't know what president obama was really thinking. what we have is secretary gate's interpretation. >> true. >> and when someone comes to you like the secretary of defense, and you're the president of the united states, remember, the secretary of defense is the number two guy in the chain of command. he is bringing the recommendation of the united states, president says in this case okay, we're going to do it. it is on my head, i know i'm the president of the united states. i'm accountable, but i'm looking to you to do this. and just in the interpersonal dynamics, you know that is a lot

of responsibility on secretary gates. because even though the president made the decisions, it is his decision, secretary gates who is in the chain of command right below him. i know from having been in the position of responsibility when that pressure comes back at you you get a lot of feelings in there. so i think that secretary gates did a fabulous job as secretary of defense. i know my retired colleagues and people in uniform worked with him did, but when you're running into the white house and looking at all the issues around america and you bring them your military issues and strategic issues and they're trying to factor in the budget and what it does to this and that issue and relations with china. and a million other issues, you can't work because they're not your issue. they're the white house issues. there is a lot of tension and a lot of pressure. and so i think secretary gates probably felt like he had a duty to write this book. >> well, you can hear him talking about how he hated the job.

and he had some praise for the president. we pointed it out last night, he talked about his courageous decision to go after osama bin laden. but this one line, was outlined. great to see you, joining me now, pete hegseth. you know him as a concerned veteran for america. pete, that line, he was skeptical if not outright convinced that the strategy in afghanistan, strategy men like you went and fought and pursued, would fail and yet he ordered it anyway. >> yeah, it is infuriating, if anybody like secretary gate says that he believed it would fail, it was a gut punch to learn he thought i am not sure it would succeed, but i'm going to send you anyway. >> no president can be sure, it is that he believed -- he was

skeptical that it would succeed and actually may have been totally convinced that it was going to fail. and yet off you go anyway. >> megyn, the first clue on that was the west point speech. it played where he said we're going to send 30,000 additional. what it didn't say and we're going to set a deadline for withdrawal at that same moment. there is no military commander that would advise a president to say let's surge with 30,000 troops and then tell the enemy we're going to leave at the same time. that is a political calculation that we want to end this war as opposed to win it or finish it. and that is the larger narrative on that. same with iraq, the article indicts him on iraq, same with hillary clinton, on the idea that it was political, as opposed to a surge -- >> bob gates says he observed a conversation with president obama and mrs. clinton, where he said the reason i oppose it in iraq is for political gains and that he seemed to believe he had taken the same position, although that is less clear.

>> and hillary clinton said i had to compete with you in the iowa caucuses, and therefore i had to say i was against the iraq surge, purely critical -- >> how does that make you feel? that those that went out and fought for the country -- >> i was outrageous, and i was an advocate for the surge, believing we could change the tide. because it matter, we're there, do we end it properly and finish it. or do we see what we see in fallujah, the black flags flying, in afghanistan, we're going to see the same conclusions in 2014, because this president, we saw it in gate's words in the book, because the president was interested in ending it, not finishing it. that is the biggest indictment you can have with a commander-in-chief. you and i can talk about oh, i support the troops but not the

war. not the commander-in-chief, if you support the troops you have to support this mission. >> and mr. gates said he agreed with the president's strategy although he had doubts about the president's frame of mind, pete, good to see you. thank you. >> and a man who recently helped a convicted cop killer escape the death penalty could soon hold one of the very top spots at the department of justice. and the widow of the police officer, that that man gunned down in cold blood five times standing over his body, shooting him in the face is not the only one speaking out. how did his lawyer wind up nominated for this top position in our doj? until you see, wait until you see the letter of one of america's biggest police groups now, because not only is the widow of the fallen officer outraged, but the biggest police union in the country want answers as to how this guy got nominated to this post.

plus, the girl scouts says its mission is to make the world a better place. so why is the organization promoting one of the country's best known abortion defenders? and governor chris christie is caught in a major controversy over traffic. and whether he intentionally messed with it in a political retribution move that has democrats honking mad and claiming that he is done as a possible presidential candidate. really? that is next. >> i worked the cones actually, unbeknownst to everybody, i was actually the guy in the hat, the guy working the cones out there you really are not serious with that question. uncer ] this is the story of the little room over the pizza place on chestnut street the modest first floor bedroom in tallinn, estonia and the southbound bus barreli down i-95. ♪ this magic moment it is the story of where every great idea begins. and of those who believed they had thpower to do more.

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breaking news tonight, a traffic nightmare turns into a political controversy, possibly threatening new jersey governor chris christie. it started back in september, when traffic came to a screeching halt along one of the most heavily traveled routes in the country. for four days, lanes at the washington bridge in fort lee, new jersey, were closed, leavin. they were told it was all part of a traffic study. but now evidence came to light saying it was all part of a political scheme against a fort lee new jersey mayor, who was a democrat and refused to endorse

chris christie for re-election last november. today, "the new york times" reported that the e-mails showed that a christie top staffer showed closures on the port authority, writing, time for some traffic problems for fort lee. and the official at the port authority replied, got it. later, they texted asking for help, saying presently we have four very busy traffic lanes merging into one toll booth. and the bigger problem is getting kids to school. help, please, it is maddening, to which the folks involved in the first exchange which seemed to launch the traffic jam texted each other. quote, is it wrong that i am smiling? no, and then, i feel badly about the kids. response, they are the children of bono voters, referring to mr. christie's democratic opponent for governor. well, tonight, governor christie

has responded saying quote, keep in mind he denied he had anything to do with this when it first broke. but what he said tonight, quote, what i have seen today is unacceptable. i am outraged and deeply concerned to know that not only was i misled by a member of my staff, but this completely unsanctioned conduct was made without my knowledge. one thing is clear, this type of behavior is unacceptable, i won't tolerate it, the people of new jersey deserve better and people will be held responsible for their actions. joining me now, guy benson, and bernard whitman, president of inside strategies. this has been all over the internet, other networks, everywhere tonight. and many on the right are saying it is being used by people who don't like republicans to try to bring down the top republicans, likely presidential candidate. so that is the background.

but the question for you, bernard is, are they doing that justifiably? i mean, how big is this story or scandal? >> it is completely outrageous, like something out of the sopranos, if tony soprano were elected, this is exactly what he would do. closing lanes to the biggest bridges, causing children to be late for school, interfering. chris christie has been known to be a bully, and this really shows that he is in fact a bully. >> but what is the evidence linking governor christie to the actions? >> he created a culture in which it was acceptable for his deputy chief of staff and his direct political appointee to exact political retribution by shutting down traffic on the busiest bridge in the area. >> if it was so acceptable, why

does he seem to be lying -- >> who knows what will ultimately come out. but if you have an administration where it seems okay for the deputy chief of staff and the political appointee to the port authority to conspire to shut down traffic for a democrat not endorsing you, that is pretty disgusting. >> bernard, they're talking about a 92-year-old woman who was having a heart attack and who didn't get the ambulance in time. you know, they're going to try to talk about this as real life and death consequences for actual people. and you know, the evidence is not there so far. putting this on governor christie, but guy, if they get it what does it mean for him? and what do you make of the allegations as we know them thus far? >> well, let's start off on a point of agreement, i'll say with bernard this is outrageous and unacceptable. this appears to be as we see more and more evidence a case of abuse of power in furtherance of a political vindictive vendetta.

that is something governor christie or nobody else should stand for. that point, we agree on. and looking at this scandal brewing over the past few weeks, now i think he has been shell shocked a bit on how far this goes up with his administration. >> and the e-mails are proof. >> that is exactly right, he is now releasing the statement you read. i think that is a very strong statement. he promised people would be held accountable which i think is a very important element of this. and crucially, megyn, now he set up an unequivocal standard for himself, saying he did not improve it or have knowledge of it. if that is not true, then he is in trouble. >> when you talk about politics, chris christie is coming close to and beating hillary clinton in the potential matchups in the cnn poll. he is ahead of her by two points. so you know, as a political matter the democrats will smell

blood in the water if they can tie him directly to this. already, we're hearing the bait about well, hillary clinton was a major player with respect to benghazi. and the question about what she knew and didn't know and why we have a dead ambassador and three others under her watch, as well. >> we fully investigated benghazi, and i think that we have put that issue to rest despite the fact on the far right you think there is a sort of smoking gun and cover-up. and there is not. facts are facts, and if these individuals that are political appointees to chris christie have any loyalty, they ought to resign. the governor ought to ask for the resignation. >> one person is already gone, but the question is will this other woman also go? there will be a hearing on it tomorrow. quickly, guy, the president claimed he didn't know about a lot of scandals he has been plagued by. >> that is absolutely true, i think there is a pattern of behavior with president obama

finding out about things that have been in the newspapers. this is a major example where christie is could say using that excuse or rationalization, and it will be interesting to see how it plays out. >> and coming up, why is a group touting a woman who believes in abortion? it could be a question of blood flow. cialisadalafil for daily use helps you be ready anytime the moment's right. you can beore confident in your ability to be ready. and the me cialis is the only daily ed tablet approved to treat ed and symptoms of bph, like needing to go frequent or urgently. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates forhest pain, as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, get medical he right away for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision, or any allergic reactions like rash, hives,

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tonight, concerning the girl scouts, and texas state senator wendy davis, ms. davis last summer led a controversial effort to block a bill that would provide new guidelines for abortion access, it would have stopped abortions after 20 weeks. so imagine the surprise of some when the girl scouts of america recently endorsed her as their candidate for the person of the year. not exactly, but i'll tell you what they did. let's go back to our panel,

along with ellisson barber, wendy davis was in favor of allowing abortions past 20 weeks as they are now in texas. and she was a champion of this and did a filibuster. she argued that healthy fetuses ought to be allowed to be aborted after 20 weeks and thought that anybody opposing it was against women's rights. well, she became a hero on the left. and many thought it was a discussion on whether or not she should be the person of the year or woman of the year. do i have it right? >> right, not only did they re-tweet it, the argument is re-tweets are not endorsement. i would say it is a tweetout. but i looked on girl scout's frequent app questions, to see their policies. they clearly state when it comes to human sexuality or abortion,

they don't take positions, on what is distributed. they said we were just trying to put this article out to talk about inspirational women. it goes against the core message they're trying to put to girls, and over stepping their bounds on a political message, anything tied to wendy davis. >> they're asking is there anybody you would add to the list? incredible ladies, who should be women of the year. and the question is, bernard, whether the girl scouts of america should go anywhere near wendy davis or abortion rights. >> and the girl scouts re-tweeted an article in "the huffington post" that was about a variety of women should should be up for consideration in 2013, and the consensus was, malala yousufzai, who was mentioned,

should head the list. and she showed a lot of courage in fighting for reproduction health and fighting for women's health against the gop assault on women's health that we saw all throughout 2012 and 2013. >> but there is no controversy over malala yousufzai, you know, no controversy -- >> but the tweet was not about wendy davis, it was about incredible women. >> would you care, bernard, if they had sent out something, this was about women of the year, but if they sent out tony perkins, including him. would you say why are the girl scouts including him as a controversial figure? >> i would not agree that tony perkins would not be a consideration -- >> that is my point, tweeting out anybody who has a list on whom somebody very controversial is included. >> well, cut them a little bit of a slack, they were not specifically endorsing her or her policies. but if you're running an

organization that is built on merit and service and cookies, the last thing you want associated with your brand is late-term abortion. you can talk about women's rights, and i know we just heard the talking points. the fact is, women are more likely to oppose late term abortion than men. so this is not a women's right issue, a human's right issue, i just wanted to make that point and correct bernard on that. >> i think they should stick to the cookies and not abortion, because it got a lot of feedback today on twitter. and coming up, a group in omaha found itself under attack after posting a disturbing video of a toddler being taught how -- i don't even know how to describe it. the language, the n word, talking about quote "hos," saying f-u to the child, and then back to the adults. still ahead, why the cops are not taking heat for posting this. while the folks who actually did

this to the child so far are free and clear. plus, officer daniel falkner who was shot five times including once in the face, in a cold-blooded killing carried out by this man, wait until you see the reaction by the lawyer who volunteered to defend this defendant. that lawyer, who defended him and helped to get his death sentence thrown out just got tapped for a huge job with eric holder's doj. emily's just starting out... and on a budget. like a ramen noodle- every-night budget. she thought allstate car insurance was out of her reach. until she heard about the value plan. see how much you could save with allstate. are you in good hands?

first on "the kelly file" tonight. new, angry opposition for the president's choice on a top spot. he could soon head up the justice department's powerful civil rigdivision.

but it was his work defending this convicted cop killer that has the paternal order of police and others wondering whether he was the best man for the job, to put it mildly. the police are coming out expressing their opposition to this, their anger, and surprise that the president would pick this man's defender to head up the civil rights division. trace gallagher with more on the killing that still resonates decades later. >> reporter: megyn, it was december, 1981, when police officer daniel falkner pulled over a vehicle being driven by a man named william cook, the brother of jamal, while the two were talking about the traffic stop, cook struck falkner in the face. while the officer was trying to subdue him, witnesses say the

officer had been hit in the back and returned fire, hitting jamal there the shoulder. another witness then saw jamal standing over the body of officer falkner, who had been shot five times, including once in the face, close range. the philadelphia police officer and security guard heard jamal quoting here, i shot the [ bleep ] and i hope he dies. his trial lasted two weeks, a jury of ten white people and two blacks deliberated six hours before finding him guilty. the next day, the very same jury deliberated one hour, 53 minutes before returning a death sentence. to this day, critics maintain that abu-jamal, a former member of the black panther party, was framed by a racist. he is no longer on death row

because his sentence was vacated two years ago. but his request to get a new trial twice has been rejected by the pennsylvania supreme court and once by the u.s. supreme court. megyn? >> trace, thank you. while the national fraternal order of police are writing president obama directly regarding the man, they are not alone. joining me now, maureen falkner, the wife of the police officer so brutaled murdered. and joining me now, a civil rights attorney himself. thank you for joining us, maureen, your reaction when you heard this attorney had been nominated to such a position by the president. >> megyn, i was absolutely outraged by president obama to make this decision. to have a man who defended a murderer, who -- someone who

murdered a police officer with premeditation and malice, is a radical. he is a black panther. and to give him an appointment, to nominate him, to the department of justice, i mean, it is a disgrace. why did he not come to some other outlet, the national fraternal order of police and other outlets, and say, let's do background work on him? >> well, i think the administration likely knew about his background but clearly was okay with it. the national fraternal order of police came out today and said we are out raged. maureen, he testified today, he stepped in. he was not there in the guilt or innocence phase, this lawyer nominated but was there to fight the death sentence. and he says the reason he did that was because the jury that tried the killer -- that race played an improper role in selecting the jury.

and he thought you can't have that in any case and you certainly can't have that in a death penalty case. he testified about it today. let's hear in part what he said. >> work at -- when i was a lawyer. and this is when i was at lds, the work involved a legal issue relating to jury issues, about the legal process. and it was years after the conviction had been entered by the lower court. it was on an issue about whether or not the jury had properly been instructed. and ultimately, several federal courts found that the jury had not been properly instructed and there was in fact a constitutional violation. it was on that basis that the death between was thrown out and mr. jamal was re-sentenced to life without parole. >> megyn, back then there was no documentation regarding the jury being properly instructed, regarding mitigating and aggravating circumstances.

so he does not know what he is talking about, which so many people do not in this case. and this is what has gone on for the past 32 years. our family, friends and i have to endure this murder, and the notoriety of him driving in my car out here in california and listening to comments that he still does to this day. >> chris, your thoughts on this nomination, because you know attorneys do defend bad guys, even convicted criminals, especially ones who don't believe in the death penalty. >> well, that is right, megyn, but don't forget, the naacp legal defense fund chose to get involved in this because jamal is a celebrity on the left. the murderer is strangely enough, among groups on the left is a celebrity. >> why? >> because he is perceived as a symptom of america's oppression of people in philadelphia who look this way.

so this is a guy who on the left has been a hero. and to get within a hundred feet of this cop killer, to defend him by choice, disqualifies you from a position in the justice department, in my view. but this is not the only thing he has done. he has worked on a range of radical issues involving race such as attacking employment background checks saying they discriminate racially. going after school discipline and trying to keep people out of law school like abigail fisher of texas out of law school, simply because he was white. >> that was a case that went up to the u.s. supreme court. >> and he was heavily involved with that, a man who has a racial background, and that is exactly why the president nominated him. >> he came out and defended families, saying this was a tremendous loss to officer falkner, and tremendous loss and

my thoughts go out to his family. >> my thoughts are when he was being interviewed by the ethics committee and asked if there was a conflict of interest, he should have asked about that at that time. now, when he is nominated, he says that. it is a disgrace. i feel police officers in the country are out there to protect the public and they should be respected. and by president obama nomina nominating him is like spitting on all of our officers and our federal agents throughout america. >> maureen, thank you for being here. thank you for your husband's service and your family's, as well. chris, good to see you. >> thank you, megyn. >> well, we're taking your thoughts on that, follow me on twitter @ megyn kelly, this is a controversial issue and police say they will fight it until it can't be fought any longer.

speaking of omaha, there is a firestorm of criticism against the police after posting disturbing video of a toddler being told to say vile things and being on the receiving end of horrific comments. so why are the police at the center of the controversy and not the people do this to this little boy? that is next. [ coughs, sneezes ] i have a big meeting when we land, but i am so stuffed up, i can't rest. [ male announcer ] nyquil cold and flu liquid gels don't unstuff your nose. they don't? alka seltzer plus night fights your worst cold symptoms, plus has a decongestant. [ inhales deeply ] oh. what a relief it is. and shift through all eight speeds of a transmission connected to more standard horsepower than its german competitors. and that is the moment that driving the lexus gs will shift your perception. this is the pursuit of perfection.

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and a controversy over the continuation of a thug cycle, some say, in it, a video encourages a toddler who was in a diaper, a 3-year-old, to say just about every vile thing you can think of. here is some of the exchange with that little boy. [ bleep ]. >> you [ bleep ] [ bleep ] you throwing a fit right now? >> [ bleep ] [ bleep ] [ bleep ]. >> you ain't talking [ bleep ] [ bleep ] [ bleep ] [ bleep ] [ bleep ]. >> you can't fight [ bleep ].

>> say -- [ bleep ] three times [ bleep ]. >> joining me now to discuss the controversy over there, wendy murphy, and a new england law adjunct professor. also, michael skolinik, president of globalgrind.com. it is so awful, the same as watching them pick him up and beat him physically. and now, two controversies are happening, no charges were brought against anybody in the video. and the only thing we have from police is they're investigating

but nothing criminal took place on the tip. and number two, the police are getting pushed back for posting it on line and describing it as the -- hold me, let me get it. they said they had an obligation to share it to educate the public about the terrible violence and thuggery, that some innocent children find themselves helplessly trapped in. michael let me start with you, they did not blur the faces, as i understand, but i did. >> i think it is totally inappropriate to post the individual, appalling and disgusting to watch the child say these things. i have a child, it is disgusting to watch that. but for the police to post this video and post this child's face is abuse of the child. they have no right to tell us how to raise our children. their job as police is to protect our children, not raise our children. >> wendy? >> well, who posted it first? where did the police get it? they didn't go break into the

family's home and steal it. it was already put out there by this poor child's family into the public domain. and this was a responsible act on the part of the police officer, because when this kid goes up and becomes a gang banger and starts killing people and raping women, and that is the language of a child, not what he is going to do. but it is the messaging, someone is going to say why didn't we intervene in this child's life sooner? why didn't we see the red flas?s these are really, really big red flags, somebody should intervene, if it is not the parents it should be someone, for butting into this poor child's life. >> that is precisely the problem of posting the video, you would think the child is going to grow up and be a thug and hurt somebody because of the language as a 2-year-old. that is a horrible stereotype of a 2-year-old. >> but let me press you on that point, michael.

if there is no intervention, what do you think should happen? >> no, there should be an intervention -- >> do you agree that is abuse? >> it is certainly abuse, and there is a set of procedures a police department should go through to investigate abuse, not to post a child's face on the website and say look at this, that is the example of bad parenting. that is not the proper procedure. >> where did the police get it? >> wendy, even the police chief of the omaha police chief said it was wrong for them to do this. >> you didn't answer my question at all. i said where did the police get it? >> they got it off the internet. >> but there are hundreds of videos -- >> but listen, they claim they needed to do it. wanted to do it, they wanted to give us a film of what we deal with every day. there are citizens who believe this stuff doesn't happen but it does. they claim it is an education tool to show the public this is

happening, the perpetuation -- >> if you want to rebuild the relationship between the community and the police department this is certainly not the way to do this. omaha has a history of bad relations with the black community and this just puts a further pin. >> you know what? if somebody said, there are toddlers in homes being told to say these things, you know what the response would be? that is a lie, how dare you shame our minority community. now we have a true video and you're angry -- >> babies swearing is not good, michael, it is not good. but if you watch this tape in its entirety. it makes you sick to your stomach. the abuse of what they do to this little girl, using the middle finger and calling him "ho" and using the p, and f-u, and on and on. they are determined to torment the child.

and this is not the child's first time, it is clear, on the receiving end of it. here is the question i want to ask you both, where are the charges against the caregivers? that is next. weeknights are for favorites. olive garden's signow just $10.tes including everyone's favorite fettuccine alfredo and our classic lasagna. plus uimited soup or salad, and warm breadsticks. signature favorites nojust ten dollars, mondhrough thursday, at olive garden. female announcer: get beautyrest, posturepedic,

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the blistering and the rash was moving down towards my eye. the doctors at the emergency room recommended that i have it checked out by an eye doctor. there was concern about my eyesight. when i had shingles the music stopped. >> so what hood you from? what hood you from? >> back to our panel, now, wendy, the police now say they forwarded it to the appropriate investigators but it is too early to identify anything. but their initial posts didn't say, help us, help us, we're going to go after them from child neglect. it seems from the backlash, that people are saying where is the

intervention, what can be done? you're a child advocate. >> well, first, let me say shining a light the way the police did is a form of intervention. it may not be everybody's favorite cup of tea. i wouldn't have used thuggery, but it is an important step. the second step is to get child protective services in there, i didn't see a crime. but where there is smoke there is fire. if you're seeing a child behave in that way, it is about values connected to crime and abuse. and if there is a child being abused emotionally, there is a good chance, especially in this way, there is a good chance, more to the story that could include criminality. so social services should get involved and see what is going on and rescue the child. >> and defensively, we believe it was just posted on january 4th. it may be they didn't have enough time to look into it. but do you believe they should go after the caregivers here for

something? >> no, i agree with wendy, i'm a parent of a 10 month-old child. i certainly believe if there is a crime committed here they should go after the caregivers. there is no gun, there is no drugs or marijuana. it is just language. and unfortunately, we have a thing called the first amendment in this country where you can tell your child to say what they want to say. and that is legal. >> and we are there. i got to go. we'll be right back. thank you both so much. >> thank you, megyn. >> don't go away. evere crohn's , and it feels like your life revolves around your symptoms, ask your gastroenterologist about humira adalimumab. humira has been proven to work for adults who have tried other medications but still experience the symptoms of moderate to severe crohn's disease. in clinical studies, the majority of patients on humira saw significant symptom relief, and many achieved remission. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal events, such as infections, lymphoma,

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we are getting a ton of feedback from you about our story about christie, follow me at megynkelly, let me know what you think. thank you for joining us. we knew secretary gates was writing a book as everybody did or most people did. but we received the book last night. >> panic on pennsylvania avenue after the president's former defense secretary opens the gates of fury in his new tell-all book. and the cop-killer turned advocate for a justice department post. more on the incredible details. the governor of maine wants kids to be able to go to work. and our friends from "the five" react to this proposal to allow 12-year-old children to enter the work force. the mention must now deal with this latest threat to the